A patent specification is a technical document describing the invention. A specification may be either provisional or complete. Provisional specification gives the initial description of an invention when the application is filed. . The provisional application closely describes the invention and does not set out the claims that the applicant desires.
A complete specification gives full and sufficient description of an invention. The complete specification shall be filed within 12 months of the filling of the provisional specification and if such complete specification is not filed within the aforesaid 12 months the application shall be deemed to be abandoned. However, the complete specification may be filed at any time after 12 months aforesaid but within 15 months, if request to that effect is made to the controller and the prescribed fees is paid on or before the date on which the complete specification is filed
The basic difference between an infringement action and an action for passing off is that the former is a statutory remedy and the latter is a common law remedy. Accordingly, in order to establish infringement with regard to a registered trademark, it is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark and no further proof is required. In the case of a passing off action, proving that the marks are identical or deceptively similar alone is not sufficient. The use of the mark should be likely to deceive or cause confusion. Further, in a passing off action it is necessary to prove that the use of the trademark by the defendant is likely to cause injury or damage to the plaintiff’s goodwill, whereas in an infringement suit, the use of the mark by the defendant need not cause any injury to th ...